Wed Sep 25 03:12:22 UTC 2024: ## Mombasa Cement Loses Land Dispute, Supreme Court Appeal Dismissed

**Mombasa, Kenya** – Mombasa Cement Limited has lost its bid to reclaim a 7.4-acre piece of land in Mavoko, worth Sh350 million, after the Court of Appeal dismissed its application to file a Supreme Court appeal. The decision brings to an end a 14-year legal battle with three brothers, Harish, Bharat, and Ashvin Ramji, who are now confirmed as the legal owners of the property.

Both parties claimed to have purchased the land from the National Social Security Fund (NSSF), leading to a protracted legal dispute. Mombasa Cement sought the Supreme Court’s interpretation on discrepancies in ownership documents and their impact on title deeds. However, the Court of Appeal ruled that these discrepancies were due to clerical errors and that the Ramji brothers’ claim was supported by a valid sale agreement with the NSSF, while Mombasa Cement failed to provide such documentation.

The Court of Appeal also dismissed Mombasa Cement’s argument that it should benefit from a consent order in a separate case involving the NSSF. Judges stated that Mombasa Cement was not a party to that case and could not benefit from a consent order to which they were not privy.

Furthermore, the Court of Appeal has suspended a criminal investigation launched by the Directorate of Criminal Investigations (DCI) against the Ramji brothers, based on Mombasa Cement’s allegations of forged documents. The court deemed the DCI investigation premature, considering the ongoing appeal and the dismissal of fraud allegations by the Court of Appeal.

The long-running legal battle highlights the complexities of land ownership disputes in Kenya and the potential for protracted litigation. The Supreme Court’s decision marks a decisive conclusion to the case, confirming the Ramji brothers’ ownership of the 7.4-acre plot.

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